Back / lumbar spine decisions — 2005

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a low back disorder, which was previously denied in September 1996. The claim is now reopened.

The veteran has withdrawn her appeal regarding the increased ratings for lumbosacral spine strain and migraine headaches. The appeal is dismissed without prejudice.

The appellant's service-connected disabilities do not prevent him from caring for his daily personal needs and do not render him unable to protect himself from the hazards of daily living. The appellant is not substantially confined to his house or immediate premises as a result of his service-connected disabilities.

The Board granted a 20 percent rating for the veteran's service-connected muscle strain of the lumbar spine, denied a compensable rating for his bilateral pes planus, and determined that new and material evidence had not been received to reopen his asthma claim.

The Board denied reopening of the claim due to lack of new and material evidence.

The veteran's cervical spine disorder was rated at 20% prior to August 11, 2004.,Effective September 23, 2002, the veteran is entitled to a 20% rating for radiculopathy of the left upper extremity and no rating for radiculopathy of the right upper extremity.

The Board has determined that the veteran's traumatic arthritis of the lumbar spine warrants a 50 percent rating, reflecting severe limitation of motion and pain.

The Board found that the veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The veteran's low back strain with spondylosis is currently rated at 40 percent, and the Board has determined that a higher evaluation of 60 percent is warranted under the new regulations effective September 23, 2002.

The Board has determined that the veteran's low back disability, including arthritis of the spine, was not incurred in or aggravated by active service and is not related to his service-connected left shoulder disability.,There is no evidence showing a respiratory disability was incurred in or aggravated by active service. The VA examination did not find any current respiratory disability.

The Board has remanded the case for a VA medical opinion to determine if the veteran's service-connected disabilities contributed to or caused his death.

The Board has ordered additional development of the record due to incomplete information and a need for an examination. The veteran's claim will be reconsidered after this.

The Board found that the veteran's low back disability, including degenerative disc disease and degenerative joint disease, was not incurred in or aggravated by active service. The examiner could find no objective evidence linking the veteran's lumbar spine condition to his military service.

The Board has determined that the veteran's current back disability was not present in service and is not related to service or event or occurrence therein. Arthritis, which may be presumed to have been incurred in service due to its onset within one year of separation from service, was first demonstrated many years after separation from service.

The veteran's claims for increased ratings for residuals of shell fragment wounds of the right elbow and right iliac area have been granted, with a rating of 30 percent each. Service connection has also been established for bilateral hearing loss.

The Board has determined that the veteran does not currently suffer from a bilateral shoulder disorder or low back disorder, and thus service connection for these conditions cannot be granted.

The Board has remanded the case for further evaluation of the veteran's low back disability, as there are inconsistencies in how it was initially rated and additional evidence may warrant a different rating.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right total hip replacement, flat feet, and lower extremity radiculopathy, render him unemployable due to constant pain and limited mobility. The Board finds that a total rating based on individual unemployability is warranted.

The Board denied service connection for hearing loss, myopic astigmatism, and a back disability including scoliosis and arthritis of the lumbar spine. The veteran's diabetes mellitus was rated at 40 percent.

The veteran's claims for headaches, skin condition, hair loss, psychiatric condition, and lower extremity circulatory complaints with leg muscle cramps due to undiagnosed illness were all denied. The service-connected low back disability was granted an increased rating of 40 percent.